San Jose Divorce Lawyer

Family Law Attorney in San Jose, California

Divorce or Domestic Partnership Litigation Services

Sometimes the resolution of a divorce, legal separation or termination of a domestic partnership may require court intervention. If you believe that your spouse (or domestic partner) will be difficult to deal with, you should obtain the assistance of an extremely skilled and passionate San Jose divorce lawyer.

At the Law Offices of Rod Firoozye, we offer many years of successful litigation experience in complex family law cases. We approach litigation aspects of a case in a team approach, by putting together the best team of experts to assist in presentation and resolution of a case before the Court.

We regularly work with San Jose divorce financial experts, custody specialists or other attorneys to assist us in providing the Court guidance and persuasion to grant our desired results.

We here at the Law Offices of Rod Firoozye have extensive experience handling complex and simple divorce litigation cases regularly.

We offer guidance and help educate our clients about the law and how it impacts each case. With proper knowledge, clients can then decide if further litigation may be required and determine how to go about obtaining a final resolution in their case.

Divorce in San Jose

In the state of California, a party may obtain a divorce by starting a court case. Neither party involved in the marriage needs to prove that someone did something wrong in order for the divorce to occur. This is known as a “no-fault” divorce. Additionally, if one of the parties does not want the divorce, the filing party can still obtain one. In order to file for divorce in California, you or your spouse must have lived in the state for at least six months prior.

Similarly, you or your spouse must be a resident of the county you currently live in for at least three months prior to filing. However, it is important to keep in mind that if you are seeking the end of a domestic partnership that is registered in the state of California, these residency requirements do not need to be fulfilled. In cases where your partnership is not registered in the state, you will need to meet these requirements of residency.

Common Areas of Contention in California Divorce Cases

In California divorces and in many domestic partnerships, there are several areas of contention that might arise between you and your spouse or your partner. In California, there are two types of divorces: contested and uncontested.

In an uncontested divorce, you and your spouse are able to reach amicable agreements on several topics, such as spousal support, property division, and child custody. In a contested divorce, you are not able to reach an agreement, and the courts will make these decisions for you.

At the Law Offices of Rod Firoozye, we have vast experience handling contested and uncontested divorce cases alike. No matter if you and your spouse can remain amicable, having an attorney present is always a wise choice. In uncontested divorces, however, the need for an attorney only increases as the topics of contention can become difficult to navigate. The most common areas of contention in a San Jose divorce or even in some domestic partnerships are:

• Spousal support. Though it is not included in all California divorces, spousal support, otherwise known as alimony or maintenance, is a financial arrangement that calls for monetary payments to be made from one spouse to the other. In many homes, one spouse may earn a higher income while the other is home caring for the household. In a divorce, the lower-earning spouse may be awarded spousal support.
• Child custody. In California, when parents seek a divorce or end a domestic partnership, they will need to make a decision regarding the custody of their children. When they cannot make this decision amicably on their own, a judge will need to step in and make this decision for them based on what they believe to be in the best interests of the child.
• Child support. When a divorce or domestic partnership separation occurs, and there are children shared between the couple, the custodial parent — or the one with more custody — may request child support. The courts will consider factors such as the income of each parent and their financial responsibility, along with the percentage of time the noncustodial parent spends with their child when calculating support amounts.
• Property division. In divorce and the end of domestic partnerships, one of the most contended topics is that of property division, especially in cases of high-net-worth couples. California operates as a community property state, meaning that any property that was obtained during the course of the marriage is subject to an even split. This can include items such as the marital home, vehicles, and items such as business interests.

San Jose Divorce or Domestic Partnership Mediation Services

Many parties seek to resolve their disputes by reaching agreements. Unfortunately, they may not be fully aware of their specific legal rights or be aware of the legal process of ending their relationship and resolving all the issues. Should the parties make any mistakes in preparation of their agreement, they may later incur significant expenses and hurdles if one party seeks to wish to undo that agreement. Additionally, one party may be willing to settle but the other Party may be less reluctant and distrustful of the other side’s intentions.

Here at the Law Offices of Rod Firoozye, we offer extensive services in both private mediation of family law disputes. We can assist the Parties as a joint neutral mediator, or alternatively we can assist one Party to assist in seeking an appropriate mediator and consult with that Party in responding to any questions arising from the mediation process.

Should you or your attorney require a family law litigation or mediation attorney, you should contact the Law Offices of Rod Firoozye.

The Law Offices of Rod Firoozye

Certified Family Law Specialist650-331-3888

Contact Us Online

Rod Firoozye is a Certified Family Law Specialist, regularly chosen as a Top Attorney in Northern California by his professional peers, as published by San Francisco Magazine.

We handle cases throughout Silicon Valley and the San Francisco Bay Area from my San Jose office, including Santa Clara County and San Mateo County and the cities of East San Jose, San Jose, Mountain View, Los Altos, Sunnyvale, Santa Clara, Cupertino, Menlo Park, Redwood City, Atherton, Los Gatos, Campbell, Los Altos Hills, Portola Valley, Saratoga, Burlingame, Belmont, San Carlos, Hillsborough, Millbrae, San Mateo, Daly City, Half Moon Bay, Woodside and Milpitas.

Legal Separation

Legal separation is a little understood option for couples seeking divorce in San Jose, California. At the Law Offices of Rod Firoozye, we have the experience and understanding of California law to assist you in making decisions with your best interests in mind. We will advise you of your options regarding divorce, mediation and legal separation. A legal separation is very much the same as divorce and actually requires the same paperwork as a divorce. Your assets will be legally divided and child custody, child support and alimony agreements will need to be established.

Divorce and legal separation only differ in a few key matters and is therefore only an appropriate choice for couples that have extenuating circumstances. Acceptable reasons to file for legal separation rather than divorce include:

• Wanting to maintain health insurance or retirement and social security benefits you’re your spouse.
• Needing to establish residency requirements to file for divorce (but intending to do so when requirement is met).
• Having religious beliefs that do not allow divorce.

Should you require assistance with a legal separation, you should contact the Law Offices of Rod Firoozye.

The Law Offices of Rod Firoozye

Certified Family Law Specialist 650-331-3888 Contact Us Online

Rod Firoozye is a Certified Family Law Specialist, regularly chosen as a Top Attorney in Northern California by his professional peers, as published by San Francisco Magazine.

We handle cases throughout Silicon Valley and the San Francisco Bay Area from my San Jose office, including Santa Clara County and San Mateo County and the cities of East San Jose, San Jose, Mountain View, Los Altos, Sunnyvale, Santa Clara, Cupertino, Menlo Park, Redwood City, Atherton, Los Gatos, Campbell, Los Altos Hills, Portola Valley, Saratoga, Burlingame, Belmont, San Carlos, Hillsborough, Millbrae, San Mateo, Daly City, Half Moon Bay, Woodside and Milpitas.